WICHITA, Kan., May 21, 2025 -- Picture this: You're out with friends at a local bar, enjoying a few drinks, when the night suddenly takes a turn—you're arrested for public intoxication. Is being drunk actually a criminal offense? Would you have been better off staying home? While headlines and viral stories (we all remember Snooki's famous beachside arrest, right?) might make public intoxication seem like a punchline, the legal consequences can be very real. Our drug crimes lawyers in Wichita, Kansas, at the McConnell Law Firm, specialize in drinking and drug-related crimes and are breaking down what public intoxication laws actually say, how they're enforced in Kansas, and what you need to know to stay safe while still enjoying a night out. Keep reading before it's too late!
What Is Public Intoxication?
In general, public intoxication refers to the act of being drunk or under the influence of drugs in a public space. The intent is to discourage individuals from disturbing others in public and provide law enforcement with a justifiable reason to remove individuals from public spaces should they become a threat to the health and safety of themselves or others. Public intoxication statutes vary from state to state, but the key elements that will likely need to be satisfied for criminal charges to be filed against an individual include:
- Being under the influence of alcohol, drugs, or a controlled substance.
- Being present in a public space.
- Causing a disturbance or harming themselves or others.
How Does Kansas Law Define Public Intoxication?
According to Kansas Statute, "No county or city shall adopt any local law, ordinance, resolution or regulation having the force of law rendering public intoxication by alcohol in and of itself or being a common drunkard or being found in enumerated places in an intoxicated condition, an offense, a violation, or the subject of criminal penalties." While solely being intoxicated in a public space will not result in criminal charges, Kansas punishes such acts under its "Disorderly Conduct" Statute. This includes drunken behavior that results in brawling or fighting; disturbing an assembly, meeting or procession; or using fighting words or engaging in noisy conduct.
Real-World Examples:
You venture out to a bar to have a few drinks and start slurring your words and stumbling down the street on your way home—this would NOT result in criminal charges. However, if you are stumbling on your way home and begin bothering other bar patrons or starting fights, this drunk and disorderly conduct could result in an arrest. Additionally, if a law enforcement officer sees you are drunk (posing a threat to your own health) and tries to assist you, but you refuse to cooperate, this could also result in an arrest.
The Legal Ramifications of Drinking in Public
In Kansas, public intoxication typically falls under the umbrella of disorderly conduct, which is classified as a class C misdemeanor. If you're charged, you could be facing more than just a slap on the wrist—potential penalties include up to one month of jail time, fines reaching as high as $500, probation, and drug and alcohol counseling. Penalties can also be heightened should an individual decide to drive under the influence or engage in other criminal behaviors while intoxicated.
"It's important to remember that you can be arrested even if you're not fully intoxicated," said Jonathan W. McConnell, founding drug crimes lawyer at the McConnell Law Firm. "Officers will be assessing your behavior, and if the behavior becomes too disorderly (inciting fights, passing out in public, puking in an establishment, etc.), you may be arrested for disorderly conduct. If you are planning to go out drinking in public places, make sure to avoid having open containers, follow all local laws and regulations, and drink in moderation so you aren't tempted to engage in other problematic behaviors that could result in criminal charges."
Have You Been Accused?
If you are facing disorderly conduct charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a drug crimes lawyer in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of one of our drug crimes lawyers in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.
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